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Terms and Conditions

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Everyday Hero Pty Ltd's (everydayhero) relationship with you in relation to this website.

The term “everydayhero” or “us” or “we” refers to the owner of the website, Everyday Hero Pty Ltd, whose registered office is at Level 8, 333 Ann Street, Brisbane QLD 4000 Australia. The term “you” refers to the user or viewer of our website (“the site”).

These terms and conditions may be modified at any time and such modification shall be effective immediately upon web posting of the modified terms and conditions. Your continued use of the everydayhero Website shall be deemed to be your conclusive acceptance of the modified terms and conditions.

The use of this site is subject to the following terms and conditions of use:

Acceptable Use Policy

Changes to the Site and services provided

The content of the pages of this site is for your general information and use only. It is subject to change without notice;

everydayhero will make every effort to ensure that the site and services are constantly operational;

everydayhero reserves the right to modify, discontinue or suspend all or part of the site or its services at any time without notice.

User Conduct

You must not use the site in any way that causes, or is likely to cause, the site or access to it to be interrupted, damaged or impaired in any way;

You must ensure that any content you upload onto the site (including photographs) is not obscene, offensive, defamatory or racist and does not breach any law or regulation or any intellectual property rights of a third party or any right or duty owed to a third party. This means that if any of the content you upload is copyright protected, you must obtain the copyright owner’s written permission in order to use it;

In the event that you become aware of any content which breaches any of the above rules, please notify us immediately by emailing help@everydayhero.com.au

You must not use the site to misrepresent your identity or affiliation with any person or organisation;

You must not use the site to send junk or spam email;

You must not use the site to conduct, display or forward details of any survey, contest, pyramid scheme or chain letter;

everydayhero reserves the right to remove any content from any page without notice at its sole discretion;

You must not to attempt to modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the site or any other web site;

You must not to attempt to bypass the network firewall;

You must not to use any part of the site which you are not authorised to use or devise ways to circumvent security in order to access part of the site which you are not authorised to access. This includes but is not limited to scanning networks with the intent to breach and/or evaluate security, whether or not the intrusion results in access;

You must not to use or attempt to use the site for any unlawful, criminal or negligent purpose. This includes but is not limited to password cracking, social engineering (defrauding others into releasing their passwords), denial-of-service attacks, harmful and malicious destruction of data, injection of computer viruses and intentional invasion of privacy.

Fundraising Site Policy

Use of everydayhero Fundraising Services by Users under 16

It is a condition of use of the site that any person under the age of 16 using our fundraising services be appropriately supervised by an adult. The supervision requirements are as follows:

Children under the age of 16 using everydayhero’s fundraising services must do so under the supervision of an adult;

Children under the age of 12 using everydayhero’s fundraising services must do so under the direct supervision of an adult;

Children under the age of 6 using everydayhero’s fundraising services must do so under the direct supervision of a parent or guardian.

If you have any concerns whatsoever about a child’s use of our services, please notify us immediately by emailing us at help@everydayhero.com.au or alternatively telephoning us on 1300 798 768 within Australia or +61 7 3226 7800 international.

Parental Permission for Users under 16

It is a condition of use of our website that any person under the age of 16 obtain the permission of a parent or guardian before using our fundraising services.

If you are under 16, you need to send us a properly completed Parental Consent Form as soon as you have created your Hero Page, so that we can activate your page as soon as possible. For a copy of the Parental Consent Form contact everydayhero on 1300 798 768 within Australia or +61 7 3226 7800 international or email help@everydayhero.com.au.

Fundraising Activities

It is your responsibility to ensure, prior to commencing a fundraising activity on behalf of a recipient organisation, that the organisation in question has no objection to the nature of the proposed activity;

It is everydayhero policy to forward Fundraiser details to your nominated recipient organisation or organisations (in the event that funds are being raised for more than one organisation). We cannot facilitate online fundraising for anybody wishing to fundraise anonymously. If you wish to fundraise anonymously you should not use the everydayhero service.

everydayhero makes no representation or warranty as to the suitability and/or appropriateness of any fundraising activity;

everydayhero expressly reserves the right to suspend a fundraising page in the event that the recipient organisation, in its sole discretion, deems the fundraising activity unsuitable or inappropriate.

Charities and not for profit Organisation Members of everydayhero (Recipient Organisations)

All the charities and not for profit organisations that appear on the fundraising site have entered into a contractual arrangement with everydayhero which enables us to collect fundraising donations made on the site on their behalf. We cannot collect donations without their permission;

Some charities and not for profit organisations have similar names. It is your responsibility to ensure that the recipient organisation you have selected from the site is your intended recipient organisation;

In the event that there is a particular recipient organisation for whom you wish to fundraise and which does not appear on our site, you may still build your fundraising page but on completion, your site will not be activated for a period of up to five working days, during which time we will use our best endeavours to contact your recipient organisation of choice and register them as an everydayhero member. As soon as we are successful in doing so, we will notify you and your fundraising page will become live so that you can start fundraising;

In the event that we are unsuccessful in signing up your recipient organisation of choice within a five day period, we will contact you and inform you of this. You may then choose to (i) pick another everydayhero member charity for which to raise funds; or (ii) cancel your fundraising page;

When you create a fundraising Hero Page on behalf of a recipient organisation, everydayhero is required to send an email to the recipient organisation advising them of your Hero Page for approval. Information contained in this email advice is as follows: Hero Page address, name, address and email details of the fundraiser. The recipient organisation may contact you for the purposes of confirming your fundraising status or by way of thanks for your fundraising efforts.

Use of Funds by Recipient Organisations

everydayhero makes no representations or warranties in relation to the appropriate use by recipient organisations of funds raised by use of the site or the services provided;
Recipient organisations make no representations or warranties in relation to the specific use of funds raised except in circumstances where the organisation has expressly stated that funds raised will be applied to a particular project or appeal.

How does everydayhero get paid?

everydayhero deducts a small 6.5% administration fee from each gross donation made to your charity of choice.
Additional to this administration fee, a payment-processing fee is also deducted from the gross donation with
the fee varying dependent of the payment type (VISA/Mastercard/AMEX, and PayPal). Please
refer to the table below for a full breakdown of the fees associated with a donation.

VISA/Mastercard

AMEX

PayPal

Total Donation

$60.00

$60.00

$60.00

Service Fee

6.50%

$3.90

6.50%

$3.90

6.50%

$3.90

GST

10%

$0.39

10%

$0.39

10%

$0.39

Processing Fee

1% + $0.23

$0.83

1.8% + $0.23

$1.31

1.1% + $0.53

$0.89

Processing Fee GST

10%

$0.083

10%

$0.131

10%

$0.089

Total Fees

$5.203

$5.731

$5.269

Donation to Charity

$54.797

$54.269

$54.731

The table above shows an example of an Australian domestic credit card transaction. everydayhero is charged an additional
1.0% for all international or cross-border cardholder transactions.

everydayhero also charges its partner charities a hosting fee of $600 + GST per annum

Cancellation and Re-registration

In the event of cancellation, a re-registration fee to cover administration costs of $180 + GST will apply.

Copyright Policy

Copyright in the text, images, software, logos, icons, sound recordings and HTML code, content and other copyright material in this website is owned or licensed by everydayhero for use on this website;

The site contains material which is owned by or licensed to us, and is protected by intellectual property law. This material includes, but is not limited to, the design, layout, look, appearance and graphics of the site. Reproduction of this material is prohibited other than for your own personal, non-commercial use, provided that the material is not altered in any way and no trademark, copyright mark or other proprietary notice is removed from the material in question;

No other use of material on the site is permitted other than with the express written permission of the copyright holder;

Unauthorised use of the site may give to a claim for damages and/or be a criminal offence.

Security Policy

everydayhero is committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

How everydayhero uses cookies

A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences;

We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system;

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us;

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Links to other websites

Our website may contain links to enable you to visit other websites of interest easily. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

General Policy

Refunds

everydayhero collects donations on behalf of charities and passes the money to the charities every 14 days. everydayhero will process refund requests if received in writing within 48hrs of the initial transaction. everydayhero cannot process refunds on behalf of charities once the funds have been settled to the charity. Please contact support on 1300 798 768 or help@everydayhero.com.au directly quoting your everydayhero donation reference number. A list of settlement dates is published at http://charity.everydayhero.com.au/resources/disbursements-calendar/

Unauthorised Card Use

You agree not to use an invalid or unauthorised credit card. Once a donation is made, the transaction is final and not subject to dispute unless unauthorised use of your payment card is proved. If you become aware of fraudulent use of your card, or if it is lost or stolen, you must notify your card issuer in accordance with its reporting rules.

Protecting your Password

Upon registration with everydayhero, you will be invited to create a password to protect your personal account;

It is your responsibility to keep this password safe and ensure that it is not disclosed to any third party;

If you become aware that unauthorised use of your password has, or may take place, you are advised to change your password immediately by following the on-Site instructions;

Please see a copy of our Privacy Policy.

everydayhero strongly recommends its users to select a strong password combining uppercase and lowercase alpha-numeric characters with a minimum length of 8 digits.

everydayhero password should be changed at least every 90 days and cannot be identical to the previous 4 passwords you have used.

your everydayhero password is unique to you, non-transferable and it is not to be shared.

Password Construction Recommendations

Do not use your username (email address) as your password.

Change your password at least every 90 calendar days.

Do not use a password identical to your previous 4 passwords.

Do not transmit your password in the clear or plain text outside a secure location.

Commonly used passwords are also not accepted. For that, everydayhero compares your new tentative password against a list from OWASP (www.owasp.org) containing 10,000 commonly used passphrases. If the new tentative password is in the list, the system will reject the input and generate an alert on the screen.

List of DO NOTs

Don’t reveal your everydayhero password over the phone to anyone.

Don’t reveal your everydayhero password in an email message.

Don’t talk about your everydayhero password in front of others.

Don’t hint at the format of your everydayhero password (e.g. “my family name”).

Disclaimer and No Liability

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law;

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this site meet your specific requirements;

In no circumstances will we be liable for any loss or damages, whether direct or indirect, arising out of your use of the site and the services provided there or your inability to use them;

everydayhero shall not be liable to you or any third parties in contract or in tort arising out of, or in connection with, or relating to, the holding or staging of a fundraising appeal or event which has been published on the website or any fact, matter or thing relating to the holding or staging of a fundraising appeal or event (whether negligent or in breach of contract or not).

Breach of Terms and Conditions of use

In the event of your failure to comply with these Terms and Conditions of use, we reserve the right to immediately suspend your access to any and/all parts of the site and the services provided there without notice and without reference to you.

Validity and Satisfaction of Terms;

everydayhero accepts no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond the everydayhero’s reasonable control;

If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.

Fundraising and Physical Activities

By creating a fundraising page connected to a physical activity or fitness event (each such event, an “Event”) I agree as follows:

I agree, represent, and warrant that I have received consent from my physician to participate in health and fitness programs, workouts, exercises, or any other related activities connected to my fundraising activities and declare that I am physically fit and have trained sufficiently to participate in and complete the Event.

I waive, release and discharge everydayhero and its officers, employees, contractors, volunteers or agents involved in the Event from all claims or causes of action I may have (including for negligence) arising from any injury, loss or damage of any kind suffered by me including personal injury, illness or death and/or loss or damage to any property (in so far as this does not breach the provisions of the relevant Australian Consumer Law) arising either directly or indirectly out of my attendance at or participation in the Event. I also waive, release and discharge everydayhero and its officers, employees, contractors, volunteers or agents involved in the Event from all claims or causes of action I or any person under my care may have (including for negligence) arising from any injury, loss or damage of any kind suffered by any person or property being pushed, carried, accompanied or in any like manner by me. This includes children in child-carrying devices (in so far as this does not breach the provisions of the relevant Australian Consumer Law) arising either directly or indirectly out of my or their attendance at or participation in the Event. I agree to take all necessary precautions and actions to ensure any child or person accompanying me, whether in a child-carrying device or not, is safe. I indemnify and will keep indemnified everydayhero and its officers, employees, contractors, volunteers and agents against all costs, losses or damages arising from or in relation to my attendance at or participation in the Event including the attendance or participation of any person in my care.

I consent to the free use of my name and pictures of me in any broadcast, telecast and print by everydayhero in relation to the Event.

Jurisdiction

Your use of this website and any dispute arising out of such use of the website is subject to the laws of Queensland, Australia;

Any complaint made about everydayhero by either a member of the public or an employee must be referred in the first instance to everydayhero. Such a complaint should be specific and in writing. Upon receipt of a complaint, everydayhero will use its best endeavours to respond to the complaint and resolve any matters arising from it within 7 days. If, following a response from everydayhero, the complaint is not resolved to your satisfaction, it may be referred for consideration by the appropriate state regulatory body.